The Hindu : National : Release of life convicts after 14 years not automatic, Centre tells apex court

Online edition of India's National Newspaper
Wednesday, Nov 21, 2007
ePaper

National

National

Release of life convicts after 14 years not automatic, Centre tells apex court

J. Venkatesan

New Delhi: Completion of 14 years in prison by itself will not entitle a life convict to automatic release from prison, the Centre informed the Supreme Court on Tuesday.

Presenting its policy and guidelines, the Centre said it was the Review Board’s discretion to release the life convict at an appropriate time considering the circumstances in which the crime was committed and other relevant factors.

A Bench consisting of Justices H.K. Sema and Aftab was hearing a public interest litigation petition filed by advocate M.K. Balakrishnan, who alleged that thousands of life convicts were languishing in jails across the country even after the completion of their sentence, and sought formulation of a policy in this regard.

The Bench took the Centre’s affidavit on record and posted the matter to the first week of January 2008.

The petitioner alleged that the State governments were insensitive to the plight of prisoners who had an unblemished record in prison and completed 14 years in jail.

The State governments had the power to grant remission but for reasons not known, they were not exercising it, the petitioner said.

Prison manual

In its response, the Centre said that in the matter of release of life convicts it was following the guidelines issued by the National Human Rights Commission. It had prepared a Model Prison Manual taking into consideration the NHRC guidelines and forwarded it to the States in December 2003.

The Centre said: “Every convicted prisoner, male or female, undergoing life imprisonment and covered by the provisions of Section 433A Cr. PC, is eligible to be considered for premature release from prison immediately after serving the sentence of 14 years of actual imprisonment without remission. However, completion of 14 years in prison by itself would not entitle a convict to automatic release.”

Printer friendly page
Send this article to Friends by E-Mail

National